03/27/2013 01:30 PM Senate JUDICIARY

              SJR  9-CONST. AM: EDUCATION FUNDING                                                                           
                                                                                                                                
1:35:02 PM                                                                                                                    
CHAIR COGHILL  announced the consideration  of SJR  9, "Proposing                                                               
amendments to  the Constitution of  the State of  Alaska relating                                                               
to  state aid  for education."  He stated  his intention  to take                                                               
action  on   the  legislation,   and  recapped  that   there  was                                                               
considerable discussion  and public testimony that  he allowed to                                                               
wander into  the educational  realm. He asked  the sponsor  if he                                                               
had any closing remarks.                                                                                                        
                                                                                                                                
1:35:12 PM                                                                                                                    
SENATOR MIKE  DUNLEAVY, sponsor of  SJR 9, reviewed  the hearings                                                               
that included  testimony from both  sides of the issue.  He noted                                                               
that the  committee saw a poll  done by the House  that indicates                                                               
that  Alaskans  want  the  opportunity   to  vote  on  how  their                                                               
constitution  should treat  educational funding.  He acknowledged                                                               
that the  issue of  vouchers has clouded  the issue,  and related                                                               
that he  introduced a  bill that  addresses vouchers  through tax                                                               
credits.                                                                                                                        
                                                                                                                                
1:37:28 PM                                                                                                                    
SENATOR DYSON offered his understanding  is that courts in states                                                               
that have  identical constitutional  language have found  that it                                                               
is constitutional for  public money to follow the  student to the                                                               
school of their choice.                                                                                                         
                                                                                                                                
SENATOR DUNLEAVY said  that some would say that  Florida voted no                                                               
and that  courts in Indiana  and Colorado  found in favor  of the                                                               
concept  of  using  public  monies for  vouchers  to  follow  the                                                               
student to private or sectarian schools.                                                                                        
                                                                                                                                
SENATOR DYSON summarized  that courts found in  other states with                                                               
constitutional language that is  similar or more restrictive than                                                               
Alaska's, have  found that it  is legitimate for public  money to                                                               
follow the  student. The problem in  Alaska is a court  said that                                                               
public money could not be  used for private or sectarian schools.                                                               
Thus, the only  choices are to bring another case  or clarify the                                                               
language   in  the   constitution.   The   latter  provides   the                                                               
flexibility to do  things that he and probably  the sponsor think                                                               
should be legitimate already.                                                                                                   
                                                                                                                                
SENATOR DUNLEAVY agreed.                                                                                                        
                                                                                                                                
1:39:51 PM                                                                                                                    
SENATOR MCGUIRE  opined that the committee  answered the judicial                                                               
questions and  none of the  members or  the sponsor wants  to see                                                               
Alaska's public school system fail.                                                                                             
                                                                                                                                
SENATOR  MCGUIRE  moved  to  report SJR  9  from  committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR COGHILL found  no objection and announced that  SJR 9 moved                                                               
from the Senate Judiciary Standing Committee.